Sentences with phrase «willful infringement»

After only two hours of deliberations, the jury reached a $ 482 million verdict for Dr. Saffran and included a finding of willful infringement.

Apple was ordered to pay $ 532.9 million to Smartflash for willful infringement of three U.S. patents.

In a unanimous opinion, the U.S. Supreme Court rejected the prevailing Seagate test for finding willful infringement in patent cases — a finding for which a «court may increase the damages up to three times the amount found or assessed» pursuant to 35 U.S.C. § 284.

However, because enhanced damages based on willful infringement will now be more likely than under the Seagate standard, clients should consider a number of practical issues.

If a jury finds willful infringement then that award can be increased up to $ 150,000, which is what he put in his complaint for one work that was infringed.

Graham filed three claims against Prince, the Gagosian Gallery, and Larry Gagosian — who purchased Prince's work — on December 30, 2015 for willful infringement upon his rights under copyright law.

The significant question is whether such a statement as «no copyright infringement intended» will be viewed by the courts as evidence to suggest innocent infringement or rather as evidence to support willful infringement.

Willful infringement allows US District Judge Rodney Gilstrap to potentially triple the nearly $ 9.2 million verdict delivered last week.

In a federal district court patent infringement suit, Barclay Damon represented the top innovator in the broadband cable industry and successfully obtained a jury verdict of willful infringement against a major competitor.

Lower still are the number of successful grants based on litigation misconduct or frivolous, bad faith litigation, as the cases in which the grounds for § 285 are default judgments or willful infringement comprise the great majority where the request was successful.

Until the recent Federal Circuit Court of Appeals decision in In re Seagate Technology, the law allowed defendants to be found liable for willful infringement if they merely knew of the existence of the patent.

If you or your business has been the victim of intellectual property theft, we may be able to help you recover damages, such as your lost profits, a reasonable royalty payment for the use of your intellectual property and — in cases of willful infringement — treble (triple) damages.

The biggest deal here, by far, is Apple's loss on willful infringement, where if the jury's finding of willfulness was upheld and taken to its limit, it could have resulted in $ 3 billion in damages awarded to Apple.

If both sides, through their eyes and their people's eyes, have concluded that the plaintiff is absolutely going to win this case, and the plaintiff is going to get a lot of money because they're totally on board with everything that has been presented, then that might be a good reason for the defendant to agree to a settlement with the plaintiff for less money than the potential exposure if the jury comes back and finds willful infringement.

So I read with interest the statement it issued after it was ordered to pay $ 532.9 million to Smartflash LLC for willful infringement of three U.S. patents.

The company accuses the defendants of «willful infringement» of its copyrights and trademarks, threatening profitability.

Harper Seeks Injunction in Dispute with Open Road — HarperCollins has just upped the ante in their lawsuit against Open Road, filing for a permanent injunction to block the publication of the digital version of Julie of the Wolves, as well as monetary damages for «willful infringement» of HarperCollins» alleged... more >

He pointed out that criminal copyright infringement requires that willful infringement has taken place, and that taking Megaupload offline had produced the «deeply unconstitutional effect» of denying legitimate users access to their data.

In a damages trial, jury awarded damages, found defendants guilty of willful infringement, and awarded fees to plaintiff.

[2] It should also be noted that the Federal Circuit has ruled similarly on the issue of enhanced damages for willful infringement — that a reasonable belief that a patent is invalid prevents the satisfaction of the first, objective recklessness prong under Seagate (497 F. 3d 1360 (Fed.

The service is easy to use, and the information provided can help you avoid being sued for «willful infringement» on someone else's registered trademark.

In finding no willful infringement, Judge Koh overruled the jury's decision on the issue.

Waiver of Privilege When Relying upon Advice of Counsel in Defense to an Allegation of Willful Infringement

There were only six awards granted between January 1, 2010, and December 31, 2012 on contested, patent - specific judgments in the same period, where the judgment was predicated on litigation misconduct or frivolous, bad faith litigation and not on default, willful infringement, or inequitable conduct before the U.S. Patent and Trademark Office.

(e.g. «willful infringement» versus inadvertent infringement)

Tagged $ 1.17 billion, CMU, enhanced damages, Marvell, Pittsburgh patent lawyers, pittsburgh patent litigation, willful infringement

S. 1145 would also have clearly defined situations in which defendants would be liable for willful infringement, which can result in treble damages for the losing party.

While it appears that Calvin Klein has taken down the apparel in question from its website, Lululemon has requested from the court a permanent injunction, damages, a declaration of willful infringement, attorneys fees and an award of costs from the court.

Remedies for copyright infringement include impoundment and destruction of infringing materials, injunctive relief, attorneys» fees, and actual damages or statutory damages, which can be as high as $ 150,000 for willful infringement.